Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Truck Accidents

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Electronic%20Logbook%20for%20truck%20drivers.jpgBus and truck accidents related to driver fatigue often happen because drivers have been tampering with the paper logbook by not accurately reporting the time they really spent behind the wheels.

To reduce hours of service violations and decrease the paperwork burden associated with hours-of-service recordkeeping, the Federal Motor Carrier Safety Administration proposed yesterday the use of mandatory Electronic Logbooks for interstate commercial bus and truck companies (dowload proposal here).

The proposal covers all technical aspects of the electronic logbook as well as the costs and benefits for commercial carriers. To protect the drivers from harassment, the device will have the option of being muted or turned down when the driver is in sleeper berth mode.

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An accident between a school bus and a taxi severely injured the taxi driver and sent the bus driver and several other kids to the hospital today in Bedford-Stuyvesant, Brooklyn, NY. The collision was so hard that the bus toppled over onto its side. The bus was transporting nine students when the accident happened.
Read more in the New York Daily News

 

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To reduce the number of truck accidents on American roads by keeping unsafe trucking companies off the road, the Federal Motor Carrier Safety Administration (FMCSA) launched in 2010 a program called CSA which stands for Compliance, Safety, Accountability.

The FMCSA has not fully implemented this program yet and was previously criticized by the Government Accountability Office and by the American Trucking Association for being too lax (see previous blog) about it. A recent audit by the Office of Inspector General which was made public at the end of last week reinforces these concerns.

According to the audit, the quality of the data received by the States is improving but only half of the commercial carriers have provided this data. Adding to that the FMCSA has not yet implemented a data correction process to make sure the information received is accurate and correct it if necessary. In regards to the implementation of CSA at State level, only 10 States have fully implemented CSA enforcement intervention process. THE FMCSA is unable to provide a deadline as to when the program will be fully implemented in the 41 other States. The audit also reveals that the FMCSA is not adhering to Information technology best practices and Federal Guidance in regards to its safety measurement system.

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When a truck accident is caused by a mechanical failure, tires are often the culprit. Accidents related to tire failure commonly happen because – tires are defective,

– tires are not properly maintained by the trucking company – tires that have not been properly inspected by the driver before the trip

When it comes to maintenance and inspection, trucking company employees and drivers should be rigorous and make sure not to rely on some tire safety myths that have never been proven true such as checking the pressure by kicking the tires or believing it’s ok to re-inflate a tire that has been run more than 10 percent low.

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Marisol Martinez was fatally struck by a MTA bus making a left turn. Martinez and two of her friends were in the middle of the crosswalk when they saw the bus. The two friends were a little ahead of Martinez and ran to avoid the bus. According to them the bus didn’t yield or stop hitting and killing their friend.

Martinez is the third person to die after being hit by a MTA bus this year. In the last 12 months at least 10 people died after being struck by a MTA bus according to Streetblog.

Northern Brooklyn had one of the highest numbers of traffic deaths in 2013 and elected officials and advocates are calling for Mayor de Blasio to focus street safety resources in this area

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Medically unfit CDL drivers can cause dangerous bus and truck accidents putting innocent people at risk of serious personal injury or death. Even though commercial bus and truck drivers are required to take a medical test every two years, the actual rules are too loose and open the door to all types of abuses. For example the terrible accident between a truck and a school bus that happened in New Jersey last year was caused by a medically unfit school bus driver (see our previous post).

To prevent such tragedy from happening again, starting May 21st, all bus and truck drivers will be required to be examined only by a Certified Medical Examiner. Certified Medical Examiners have been specifically trained and successfully passed a test that qualifies them to assess if a CDL driver is medically fit to perform his job. The FMCSA maintains a map of Registered Medical Examiners that drivers can use to find a nearby examiner.

This new system will help prevent fraud and set the stage for the next step in which the medical record will be electronically accessible and automatically integrated to the driver’s motor vehicle record.

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A drunk driver who clipped a tractor trailer truck on a New York Highway and continued on his way after the accident was followed by three concerned drivers who were able to stop and trap him until the police arrived. The good Samaritans said they were concerned that the intoxicated man would cause another car accident and kill innocent drivers.

Read more in the New York Daily News

 

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A deadly truck accident happened yesterday in New York. A 25 year old rabbinical student was hit by a garbage truck as he was in the crosswalk on Kingstone Ave at Caroll St. in Crown Hights, Brooklyn. The pedestrian had the “walk signal” when he stepped in the crosswalk. According to witnesses, when the pedestrian realized that the truck driver didn’t see him, he tried to walk back but he was struck by the side of the truck and ran over. He died at the scene.

Read more in the Daily News

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35% of all truck drivers who die in a truck accident test positive for alcohol or illegal drugs according to the National Transportation Safety Board. Out of this 35%, Alcohol and Marijuana represent 13% , cocaine 9%, amphetamines and methamphetamine’s 7%, other stimulants 5%, PCP and codeine less than 1%.

To reduce these types of accidents the Federal Motor Carrier Safety Administration proposed the establishment of the Commercial Driver’s License Drug and Alcohol Clearinghouse, a database under the Agency’s administration that will contain controlled substances (drug) and alcohol test result information for the holders of commercial driver’s licenses (CDLs). The FMCSA is now accepting comments on the proposal until April 21st. Click here to read the proposal and add your personal comments

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Drunk driving is at the origin of the accident between a truck and a bus that led to the death of the bus driver last week in the meatpacking district of New York. Model Tyson Beckford’s nephew was so drunk that he was kicked out of several venues in downtown New York before he stole a delivery truck parked with the keys inside. He crashed into several parked cars before he ran the red light at the intersection of West 14th Street and Seventh Ave and slammed into an MTA bus. The driver, William Pena who was not wearing a seat belt was ejected and died at the scene. A scooter driver, a food cart vendor and his customer as well as a bus passenger suffered personal injury.

Read more in the New York Post